The Louisiana Supreme Court says State Police have the authority to remove homeless encampments in the city of New Orleans. That's according to a concurring opinion disseminated by Attorney General Liz Murrill prior to the court's formal release of a decision.
That ruling overrules a district judge's decision requiring the state to abide by New Orleans's ordinances when dealing with homeless encampments.
In that concurring opinion, Justice Jay McCallum agreed with the state's case, arguing that state officials were within their right to clear homeless encampments near the Superdome ahead of Octobers Taylor Swift Eras Tour concerts.
"Plaintiffs accuse the State of prioritizing the 'aesthetic comfort' of tourists over the rights of those who have established homeless encampments on State property. The State is further accused of preparing for 'tourism generating events' that attract national attention," McCallum wrote. "This case is not about keeping New Orleans beautiful; it is about public safety and health. This truth should be self-evident in the aftermath of the terrorist attack on Bourbon Street in the early hours of New Year’s Day, 2025. There is no absolute constitutional right to imperil public health and safety."
McCallum accused the city of trying to force the state to abide by a local ordinance "that has been hitherto unenforced by the City." McCallum also used the plaintiff's words against them.
"Both the State and Plaintiffs acknowledge that the State Police have the legal and constitutional power to clear the encampments within the bounds of constitutional law," McCallum wrote.
The Louisiana Supreme Court could release the majority and dissenting opinions as well as other concurrences as early as today.
